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03-01-2022CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 1, 2022 CALL TO ORDER: Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark von Oven, Eric Noyes, Laura Skistad, and Kelsey Alto MEMBERS ABSENT: Steven Weick, Erik Johnson, and Doug Reeder STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young- Walters, Associate Planner; Erik Henricksen, Project Engineer; Joe Seidl, Water Resources Engineer PUBLIC PRESENT: Todd Degler and Gayle Degler 9111 Audubon Road Elise Bruner and Brian Bruner 6609 Horseshoe Curve Rob Schatzle, RSI Marine 1533 3rd Avenue W., Shakopee Jon Rausch, Cushman and Wakefield 3500 American Boulevard W., Bloomington PUBLIC HEARING: DEGLER FARM: CONSIDER A REQUEST TO AMEND INTERIM USE PERMIT #2021-13 TO EXTEND THE TERMINATION DATE OF THE PERMIT Kate Aanenson, Community Development Director, presented the staff report on this item, noting this is a request to amend the Interim Use Permit (IUP). She noted the property is guided agricultural and office industrial and is following the current zoning use on the IUP. The current request for the property is for Agritourism and the Applicant is asking to amend the original termination date of the IUP of five years. For the Applicant to plan and make investments in the property they wanted to extend the time period in order to make decisions going forward. Ms. Aanenson stated Staff recommends approval of the amendment to extend the termination date to 50 years. Todd Degler and Gayle Degler, Applicants, shared that the Degler Farm had a great year, the weather was cooperative, a lot of people showed up, they had positive feedback, and it was a successful year. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen Planning Commission recommends the City Council approve an amendment to Interim Planning Commission Minutes – March 1, 2022 2 Use Permit #2021-13 regarding Agritourism at 9111 Audubon Road to extend the termination date to 50 years; and adopt the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: 6609 HORSESHOE CURVE: CONSIDER A REQUEST FOR SETBACK AND MAXIMUM SIZE VARIANCES FOR A WATER-ORIENTED ACCESSORY STRUCTURE (WOAS), A VARIANCE TO ALLOW A SIX-FOOT, SIX-INCH HIGH OPAQUE FENCE (GATE) WITHIN THE REQUIRED FRONT YARD SETBACK AND A VARIANCE REQUEST FOR A FRONT YARD PARKING PAD MacKenzie Young-Walters, Associate Planner, presented the staff report on this item, noting the Applicants submitted and received two variance requests from the City’s bluff ordinance and the Applicants have submitted a third variance request and demonstrated that the City’s bluff ordinance did not apply to their property. He noted this is a continuance of a tabled variance request from October 19, 2021. Mr. Young-Walters shared the approximate lot size is 27,800 square feet with hardcover at 23% and currently has a water-oriented accessory structure (WOAS), 19% driveway grade, and the southern portion of the property is encumbered by a sanitary sewer easement which runs under the WOAS and under the proposed location for the expanded WOAS. He noted the issue of a non-conforming use will be discussed and clarified and is something that was previously permitted but is no longer permitted due to change in the City Code. Mr. Young-Walters stated a non-conforming use cannot be created when the homeowner modifies their property in a way that brings it out of compliance with City Code. He shared there is a three-factor practical difficulty test including reasonableness, uniqueness, and essential character, as well as language in State Statute that states variances are only permitted when in harmony with the general purposes and intent of the ordinance and must be consistent with the Comprehensive Plan. The Applicant is proposing a 6.5-foot opaque gate within the front yard setback, a 300-square foot front yard parking pad, and a 357.5-square foot WOAS. Mr. Young-Walters noted the Applicant has stated that the front yard parking pad has existed since 1999 and should be considered a non-conforming use, that an 11x12 shed is the minimum size needed to store a good canoe and other water equipment, and note that by putting it off to the east side they minimize visibility as the WOAS ordinance calls for. The Applicant has also noted that Code has a provision allowing up to 400 square feet of WOAS if that structure is used solely for the storage of boats and boat equipment and the total they are proposing is less than that. Also, the security gate in this configuration and non-open configuration is the only means to address the Applicant’s security concerns, most of which stem from the possibility of vehicles entering the steep driveway and not being able to stop due to slippery or wet conditions. Mr. Young-Walters shared that front yard parking pads have not been allowed in the City since 1986, and shared history of City ordinance, driveway access, parking pads, and showed the proposed plans on screen. Staff cannot agree that this is a non-conforming parking pad and cannot support the requested variance to permit a parking pad and a second driveway access for the property. Regarding the front yard gate, the City treats gates as part of fences and has always subjected them to the requirement of the City’s fence ordinance. Privacy-style gates are not considered open and the Applicant is proposing a privacy-style gate which Staff does not believe is in keeping with the character of the neighborhood. Staff cannot support the request for a privacy- style gate within the front yard setback. Regarding the WOAS, Staff has included a letter from Planning Commission Minutes – March 1, 2022 3 the DNR recommending that the City maintain the 250-square foot size limit and require the Applicant to meet all applicable setbacks. Engineering and water resources have expressed significant concerns about the impact of allowing an additional encroachment over the sanitary sewer easement and believe there are alternative locations for a WOAS. Staff also noted that in order to take advantage of the 400-square foot WOAS provision, the structure must be solely used for boats and boating equipment and because of the deck, which is a recreational amenity that is not something that would apply to this proposal. Staff feels that it would be in line with past precedent to grant a variance for the footprint previously present under the non-conforming use ordinance which was 308 square feet. One letter from the neighbor stated that they do not support the requested shed variance and feel there is adequate space to locate the shed without a variance. The letter also states the neighbor believes there are options under Code for the security gate and adequate visitor parking and believes that granting these variances will set precedent for easing current rules which they feel are reasonable. Elise Bruner & Brian Bruner, Applicants, approached the podium. Mr. Bruner noted they are getting conflicting information from the City regarding the shed down by the lake, noting Engineering has said they cannot have the shed down there because of concerns about moving it because of the sewer, but at the same time the City is saying they can have a 308-square foot shed down there. He asked which is correct. Mr. Bruner would love to hear where the City thinks they can place the shed on the property, noting they went through many compositions with the architect and the City and could not find a way to put the shed other than the way it is proposed right now. He shared a handout of photos and spoke about moving the shed over the decking, placement of the doors on the shed and issues that would arise with trees, setback issues, and steep slopes. The Commissioners asked about repositioning the deck. The Bruners noted the deck is on temporary footings. The Commissioners discussed the option of a garage-door style opening which would roll up and down rather than doors that swing outward. The Bruners continued the discussion with the parking pad, noting Mrs. Bruner’s father built the home next door and designed the driveway to keep trees intact, choosing to put a parking pad at the top of the incline. Mr. Bruner shared communications going back to 2020 which indicated that the Bruners have always used the area as a parking pad. He shared if there is even an inch of snow one cannot get down the driveway and said in response to the City’s claim that the parking area is a part of the exit of the driveway, that it is not a natural drive over that direction. He shared photos on screen of the top of the driveway/parking pad area of his home and the neighbor’s home (which was Mrs. Bruner’s childhood home). Mr. Bruner noted if the parking pad is not there people will have to park on the street and showed a photo on the screen of cars parked on the street, noting it is a very narrow road, and especially with cars parked on both sides of the road, it is very tight to get through. Erik Henricksen, Project Engineer, clarified as long as it is within the right-of-way and is a part of the driveway, a level spot or parking pad can still be accomplished with the new driveway Planning Commission Minutes – March 1, 2022 4 access at 24 feet in width is the maximum allowed. The Applicant has brought up the instance of turnarounds which Engineering and Public Works do require through Code and the Comprehensive Plan when connected to a collector road. Where installed correctly, the Applicant would still have the ability to park up near the street. Regarding the parking issue, the City is definitely aware of how narrow Horseshoe Curve is. Generally, they first hear through the Traffic Safety Committee and depending on that evaluation, Staff can propose remedies to the City Council to build it into capital improvement projects to alleviate issues. The Commissioners and Staff discussed driveway location, parking pad location, a driveway turnaround, and requirements or restrictions on each. Mr. Bruner clarified the safety issue regarding Staff’s comment on the “possibility” of a car sliding down the driveway. He noted in 2019 a delivery truck slid down and off the driveway and needed to be towed out and a Carver County Sheriff Canine Unit responded to the incident. He said people who do not know how steep the driveway is, or when there is ice, once they get over the first hump and down the bend it is too late and they will not be able to stop their vehicle. The Bruners clarified regarding the gate, they are open to both slatted or opaque style gates, this is not a decorative fence and they are trying to keep it very minimal. In designing the gate, the intent is to have it as strong as possible so people do not crash through it. Commissioner Noyes suggested getting creative and having the designer work on a gate that fits within City Code. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Noyes stated this is a very complicated case with a lot going on and he understands the plight of the owners, especially with a 19.5-degree grade. He also thinks more work can be done on the design side, particularly with the fence. He is not inclined to grant a fence variance. Commissioner Skistad agreed that she would like to see another option regarding the fence and that she sees the need for having one. Chairman von Oven lives in the neighborhood and could personally care less about the parking pad. He said if it makes sense to do it in a manner that could be added on to this driveway that is fine, and noted he has a little trouble envisioning that in the space. He said cutting into the side of the hill for a turnaround on this driveway is a terrible idea and the Applicants will be back for another variance. For Mr. von Oven, the parking pad is a non-issue whichever way they go on it and he has zero issue with a variance in that space, whatever the Applicants decide to do on it. Commissioner Noyes is in agreement with Chairman von Oven. He does not like to set precedent when issuing variances. He thinks there is a way to achieve what they want in the design of the new driveway. Tearing up the parking pad because it is non-conforming does not make sense to him. He shared that the lot has many challenges with the elevation and slope and one must do Planning Commission Minutes – March 1, 2022 5 what they have to do to be sure there are safe places to park and get out of the driveway. He does not have an issue in keeping the pad there. Commissioners Skistad and Alto agreed. Regarding the WOAS, Commissioner Skistad thinks it makes sense to move the decking over to keep most or all of the side area. The way the Applicants have incorporated it into the property is minimalist and is not intrusive or glaring. The Applicants have a very specific purpose for the storage and are trying to design around it. She would prefer they move it over the 4 feet and line up the shed along the edge. Commissioner Noyes thinks there is a solution for the WOAS that is satisfactory to all parties and he agreed with Commissioner Skistad. Engineer Henricksen clarified that permits would need to be updated or applied for. At that time, planning review can happen as there are footings and pilings directly over a public sanitary main in the area and they want to ensure that no damage occurs. Commissioner Skistad moved, Commissioner Alto seconded that the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, denies the requested opaque fence (gate) variance, approves the requested variance for a front yard parking pad, and approves a 107.5-square foot water oriented accessory structure size variance, a 5-foot side yard setback variance, and a 2-foot shoreland setback variance for the construction of a water oriented accessory structure, subject to the Conditions of Approval, and adopts the attached Findings of Facts and Decision. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: 10500 AND 10520 GREAT PLAINS BOULEVARD: CONSIDER A REQUEST FOR CONCEPTUAL PUD APPROVAL FOR A MIXED USE PLANNED UNIT DEVELOPMENT (PUD) REZONING ON APPROXIMATELY 8.3 ACRES WITH A LAND USE DESIGNATION OF MIXED MacKenzie Young-Walters, Associate Planner, presented the staff report on this item, noting this is meant to be a high-level discussion and a chance for Staff and Planning Commission to tell the Applicant their impressions of the project, raise any potential concerns, issues, and expectations. Then the Applicant will have a clear sense on whether this is something they want to move forward with and if the City would be receptive to it. Mr. Young-Walters shared about the property noting it is zoned Fringe Business District guided for mixed use. The proposed use is warehousing and would be a short-term use until sewer and water becomes available and then it would become a mixed use development. All developments must be consistent with the City’s Comprehensive Plan and the current Fringe Business zoning is not consistent with the Comprehensive Plan mixed guidance. In this case, Staff supports the rezoning to PUD because it allows a reasonable use of the property (warehousing) until sewer and water becomes available and it will also facilitate the redevelopment as a mixed use district with a blend of commercial Planning Commission Minutes – March 1, 2022 6 and residential features. It allows the area to function as a transition between Highway 101, Highway 61, and the high density residential guided to the east. The Applicant is proposing to remove the horse stable on the property and put four 20,000-square foot warehouses which would be used for boat storage. He shared about architecture, landscaping, and parking regarding the proposed project. Engineer Henricksen shared this area of the city does not yet have services of sanitary sewer and potable water. He spoke about the future sewer expansion, and noted water needs such as a bathroom faucet would need to be hooked up to a well at this time. The property would be assessed once sanitary sewer is provided to the area and water would require a hook-up charge. He shared the County would like to do an analysis on the number of left-hand turns into the property. Joe Seidl, Water Resources Engineer, shared about grading and stormwater of the property noting it is fairly steep on the north side. There is not a bluff on the site and there are no wetlands within the project area but there is a small wetland located in the ditch just south of the proposed project. The Commissioners and Staff clarified questions regarding the property including trees, potable water needs, parking, and asphalt. Rob Schatzle, Applicant, owns RSI Marine and Motorsports based out of Shakopee, and owns the Caribbean Marina on Tonka Bay. He clarified he does not need water at this time and that he is only looking for storage. The use of the storage area would only be a couple of weeks in the spring and a couple of weeks in the fall to take boats out and put them away. He is open to suggestions when sewer and water comes down to suit the needs of the City and that this is a short-term use. Jon Rausch, Cushman and Wakefield, helped with the Prince property and added that there is not sewer and water on the property, and nothing else can really be done given the current zoning. He thinks they found a really good solution that will help the tax base, allow for improvement on the site, and that this checks a lot of boxes. When the site is ready to be developed, Mr. Schatzle will sell it to someone else. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Alto moved, Commissioner von Oven seconded that the Chanhassen Planning Commission recommends City Council approve Concept PUD 2022-04, subject to the Conditions of Approval. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Planning Commission Minutes – March 1, 2022 7 APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED FEBRUARY 15, 2022 Commissioner Noyes noted the summary Minutes of the Planning Commission meeting dated February 15, 2022 as presented. ADMINISTRATIVE PRESENTATIONS City Council Action Update ADJOURNMENT: Commissioner Skistad moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 9:18 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Jean Steckling Sr. Admin. Support Specialist